P. v. Sessing
Nathan Gregory Sessing appeals the judgment entered after a jury convicted him of first degree murder (Pen. Code[1], 189/187, subd. (a)), two counts of first degree residential burglary ( 459/460, subd. (a)), and assault with a deadly weapon ( 245, subd. (a)(1)). The jury also found true allegations that the murder was committed during a burglary ( 190.2, subd. (a)(17)(G)), that appellant personally used two deadly weapons, a knife and a baseball bat, in committing the offense ( 12022, subd. (b)(1)), and that he personally inflicted great bodily injury upon the victim of the assault ( 12022.7). The trial court sentenced him to state prison for life without the possibility of parole, plus nine years four months, consisting of life without the possibility of parole on the murder count, plus one year for the deadly weapon enhancement, and the upper term of four years on the assault count, plus three years for the great bodily injury enhancement. Sentencing on the burglary count was stayed pursuant to section 654. Appellant contends that his sentence of life without the possibility of parole amounts to cruel and unusual punishment under the state and federal Constitutions, and that he was sentenced to the upper term on the assault count in violation of Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham). Court affirm.
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